Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-08-05
STILL TALKING.
THE ATTORNEYS LABORING HARD WlTii
THE TWELVE JuRYMEN
Long and Exhaustive Arguments Made Yesterday, N
Which the Evidence IS Slowly and Pam
fully Gone over What was Sad
by the Lawyers.


seats for the people and prevent them lrcm
crOwding in the aislcs and repeating tn
crush of the previous day. 4 car,u
guard was kept over the seats inside TN
bar, and by this means it was possible Ia
those connected with tn, case to breath
in such comfort as the swetering hea
would allow.
The end to the great trial is gradual,
app Oaching and public curiosity and pub
lie feeling becomes continually greater u
be no one prrtends to he able TO say. Irth,
! opinions of the members of the jury are a!
| diverse ~ those expressed by persons whC
| have heard the ease, it will be sometime
before any verdict whatever is reached
| The defense have made a strong fight fol
| the prisoners life, not "A point has beel
surrendered without a struggle.
Messrs COokeand Moore spoke yesterday
| in behalf of the defendant Their specchr,
were complete review of the facts of the
case, ana they sci them forth in light tn,
most favorable TO their client. Their de
uuncation of some OF the witnesses for tn,
State was extremely severe. The news
papers also came in for their share of not
altogether complimentary illusions.
Baker was unwell this afternoon, al
| though he listened attentively to the ad
dresses by his counsel Parts of both
speeches We're very touching, and several
tines the prisoner was unable to control
his emotions
Hon. James Morrow, Jun, of Fairmont
was present yesterday in the court room
Col. McSweeney will close for the prose
Cution to-day, and the ease will be delivered
to the jury.
MIR. COOKIES ADDRESS.
MAY THE COURT PLEASE AND GENTLE
MEN OF THE JURY-We should all Ger
tainly congratulate ourselves at approach
ing the eud OF this case. would be glad
If could leave il now in your hands. But
there is fearful responsibility resting
upon us The life OF the prisoner is in
your keeping, you are responsible alone
for IT. The Judge of this Court even has
no responsibility. Whatever then may he
Virginia, they are equally rs great to the
defendant at the bar. Never IN the an.
nails OF this country has there been u case
like this. Commencing at the coroner
inquest he was dragged before the Jury and
peltcd with questions from learned counsel
to cntangle him IN the tolls; from that
time forward the press and people have
been bounding him as man never was
! bounded before f Who is Baker!
He stands with a character unbemlshed
as shown by the testimony. No one hi.
appeared against him except that bartender
with driormed face and worse deiormcd
mind. More, we showed you by a hal
dozen witnesses that at the very tim,
Johnson ays he WAS in Steubenville hC
was seven miles away. This shows thO
animus Oi the case that men OF such char
actcr can hr procured 10 give testi
mony like this. Now, gentlemen, | pro
posed the question TO You AT the Outse
| whether u man trained like Baker WAS ed
| uCatrd as he was make now the in
quiry, Is II probable, is it possible, thai
he brought up in a Christian family, sur
rounded by the purest influences, should
Now what is the duty OF the State. II
is its duty to satisfy you beyond any rea
souablc doubt that he ~ guilty of thl.
crime Have they done it? Cast y0ul
minds over the field of the testimony, sur
vey ii silently and alone, and what is tn,
best you can do? Why the best you OF
any one else can do is 10 say, don't know
II Is not for us
To SAY WHO DID DO IT.
The best We can say is We don't know.
But that is not enough they must satisfy
you beyond any reasonable doubt. You
under your oaJhS must know that he l,
guilty. To look upon
the faces of this crowd you would think
that they believe some one must cNplatt
this crime and Baker is that man unless
hr satisfies you of his guilt. All, But
that is not the law. Better that ninety
nine men, aye nine hundred and ninety
nine guilty men 20 free than one innocent
man suffer. Now then you are To deter
mine whether yOu will take his life upon
mere suspicion or not. 1t is the crime We
are after; II is not Baker. Punish the
criminal and not the man. II Is the duty
of the State to iustcn the crime upon him,
not for mm 10 prove himself innocent. If
there is a lowering, honest doubt in your
mind it is your duty to acquit him. The
speaker discussed at some length the de
grce OF evidence necessary to Justify a
Jury in finding 4 verdict OF guilty.
Your convictions then, gentlemen, from
| the testimony, must he such ~ to form a
moral certainty ol his guilt. There IL an
other principle ! wish 10 advert to, and
| that is that every Juror must he satisfied.
| The prejudice of the community won't do;
the bounding of the public press won't do.
! Every Juror must be satisfied. You, gen
tlrmen, stand on holy ground. N0u are in
4 sacred position, and If one OF you has a
reasonable doubt, the law says it is your
duty not to find him guilty. You, gentle
men, stand around this man as a bulwark
between him and those who are thirsting
for his blood And what do they
ask you to convict him on Circumstan-
tial evidence. They have read from BOr-
rOugh's book here, and that book contains
u whole chapter trying 10 prove that man
can he convicted of capital otienoe on CIR
cumslautial evidence Who has not got
conscientious scruples against it, Hang
Baker by the neck until he is dead, dead,
dead, On what, Something that
MAY OR MAY NOT ESTABLISH HIS guilt.
Divine law says out of the mouth of one
or two witnesses shall no man he put to
death: but out of the mouth Of two OF
three men shall man he convicted. On
nothing less than the direct evidence OF
more than one could anyone he condemned
To die. Are iuries to draw rash inference
Gentlemen beware, beware. Roscoe says
circumstantial evidence Is tO hr acted upon
with Great caution especially when there Is
great anxiety tO detect "A criminal and
anxiety that may lead a witness 10 dlstort
or magnify fact. remember the ASSET
tion that never, never If Baker had not
been suspected Of this crime, would man
or woman have imagined that Baker acted
anything hut naturally the day after the
murder If some other man had the OPP
portunity or might have committed the
crime then the evidence in this case or apy
other would be insufficient TO convict.
The Court of Appeals Of tins state says
circumstautlal evidence must he received
with the greatest caution, such Is the Ia"
as | understand it, Now don't under
stand that | say that man